The Board denied service connection for the cause of the veteran's death and the basic eligibility requirements for DEA benefits under 38 U.S.C.A., Chapter 35 were not met.
The deciding factor: The veteran's death was not caused by, or substantially or materially contributed to by, a disability or disease incurred in or aggravated by service. The veteran had a history of smoking and chronic obstructive pulmonary disease, but there was no evidence that his lung condition was related to his military service.
- Claimed conditions
- Myocardial infarction, Chronic obstructive pulmonary disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 14, 2008
- Citation
- 0815767
Veterans Law Judge
Decisions by this judge: 251 · Granted: 25% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0815767.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied the claim of service connection for the cause of the Veteran's death, finding that there was no evidence linking his myocardial infarction and COPD to his military service.
- Whole decision: Granted
The Board has granted service connection for ischemic heart disease and myocardial infarction, status post stent placement, as well as obstructive sleep apnea, finding that the Veteran's current conditions are related to his military service.
- Whole decision: Remanded (sent back)
The Veteran's death was caused by acute hypoxic respiratory failure and chronic obstructive pulmonary disease, with hypertension as a significant contributing factor. The Board finds that remand is necessary to obtain the Veteran's complete military records and treatment records.
- Whole decision: Denied
The Veteran's initial claim for a higher rating for his coronary artery disease prior to February 7, 2018 was denied as the evidence did not meet the criteria for a disability rating in excess of 10 percent. Since February 7, 2018, the Veteran's CAD has been rated at 60 percent due to symptoms such as dyspnea, fatigue, and angina with a METs level greater than 3 but less than 5.
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